Suresh Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.199 of 2020 ====================================================== Suresh Kumar Pandit Son of Late Sudarshan Pandit @ Sudarshan Ganeshi Resident of Village- Faudar Basti, Kanakpur, P.O. and P.S.- Thakurganj, District- Kishanganj (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Collector-cum-District Land Acquisition Officer, Kishanganj, DistrictKishanganj (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Giri For the Respondent/s :

Mr.Subash Chandra Yadav (GP15) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-01-2020 Heard both sides.

The petitioner has filed this writ petition for following reliefs:- I. To issue an appropriate writ/ order/ direction in the nature of Certiorari quashing the Memo No. 280 dated 04.02.2019 issued by the Collector-cum- Land Acquisition Officer, Kishanganj by which it has been informed to the petitioner that the Award of the land of the petitioner acquired for construction of Araria- Galgalia New B.G. Rail Line has been ascertained as Rs. 1,45,702/- (Rupeees One Lakh Forty Five Thousand Seven Hundred Two only) and has been

Patna High Court CWJC No.199 of 2020(2) dt.16-01-2020 2/3 requested to receive the amount after producing appropriate papers of the land in question (as contained in Annexure-4). II. To issue an appropriate writ/ order/ direction holding the Award of the compensation amount of Rs.1,45,702/- under Section 23 & 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the "2013 Act") as illegal, null and void as the same has been prepared against the Principle of Natural Justice and without disposing of the objection, which was mandatorily required under Section 23 of the 2013 Act.

III. To issue an appropriate writ/order/direction, directing the Respondents to dispose of the objection of the petitioner filed under Section 21 of the 2013 Act in the manner as laid down under Section 23 of the 2013 Act. IV. To any other relief or reliefs for which the petitioner is found to be entitled in the facts and circumstances of the case.

The learned counsel for the petitioner submits that now the matter has already been referred to the Land Acquisition Rehabilitation and Resettlement Authority, Purnea on 18.11.2019. In this view of the fact, the learned counsel for

Patna High Court CWJC No.199 of 2020(2) dt.16-01-2020 3/3 the petitioner seeks permission to withdraw this writ petition with direction to the authority to dispose of the matter of the petitioner expeditiously preferably within three months. Prayer is allowed.

Accordingly, I dispose of the writ petition with a direction to the authority concerned to dispose of the objection of the petitioner expeditiously preferably within three months from the date of receipt of this order, in accordance with law. With the aforesaid direction, this writ petition is disposed of.

(Prabhat Kumar Jha, J) BKS/- U